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PRINCE OLUSOLA OBEY OGUNYEMI & ORS V. YINKA ODUMADE SONEYE & ANOR

(2018) JELR 34424 (CA)

Court of Appeal  •  CA/IB/254/2015  •  25 Apr 2018  •  Nigeria

Coram
CHINWE EUGENIA IYIZOBA JCA; HARUNA SIMON TSAMMANI JCA; NONYEREM OKORONKWO JCA;

Appearances
Debo Oduguwa, Esq. For Appellant I.P. Ezugwu, Esq - for 1st Respondent.J. O. Mafe, Esq. (Assistant D.P.P, Ogun State Ministry of Justice)-for 2nd Respondent. For Respondent

Judgement

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Ogun State High Court, delivered by O. Ogunfowora, J in Suit No: HCS/110/2009 on the 16th day of July, 2015.

The Appellants who were the Plaintiffs or Claimants in the Court below instituted the action by a Writ of Summons dated and filed on the 19/08/2009. Thus, by a Further Amended Statement of Claim dated and filed on the 30/4/2013, the Appellants claimed as follows:

1. A declaration that Otunba Odumade being a member of Fadebi Ruling House of Ilaye Soyindo is not entitled to succeed to the throne of Oba of Ilaye just vacated by the last Oba, Late Oba Professor Joseph Abiodun Adeolu Ogunleye who reigned from the same Ruling House.

2. A declaration that the Onilaye Chieftaincy title of Soyindo should be regulated in accordance with the already proposed, agreed and signed agreement of the parties as the authentic declaration of the Chieftaincy of Onilaye of Ilaye Soyindo, Sagamu.

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